HB-5929, As Passed House, December 19, 2014HB-5929, As Passed Senate, December 18, 2014
November 6, 2014, Introduced by Rep. Haveman and referred to the Committee on Appropriations.
A bill to amend 1988 PA 511, entitled
"Community corrections act,"
by amending sections 2, 3, 4, 5, 7, 8, and 11 (MCL 791.402,
791.403, 791.404, 791.405, 791.407, 791.408, and 791.411).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "City advisory board" means a community corrections
advisory
board created by a city pursuant to under sections 6 and
7.
(b) "City-county advisory board" means a community corrections
advisory board created by a county and the largest city by
population
within that county pursuant to under
sections 6 and 7.
(c) "Community corrections program" means a program that is
House Bill No. 5929 as amended December 4, 2014
as amended December 18, 2014
operated by or contracted for by a city, county, or group of
counties,
or is operated by a nonprofit service agency, and is an
alternative
to incarceration in a state correctional facility or
jail.that offers <<programs>>,
services, or both, instead of
incarceration in prison, and which are locally operated and span a
continuum of programming options from pretrial through post-
adjudication.
(d) "County advisory board" means a community corrections
advisory
board created by a county pursuant to under sections 6 and
7.
(e) "Department" means the department of corrections.
(f) "Evidence-based practices" means [a progressive, organizational
use of direct, current scientific evidence to guide and inform efficient
and effective correctional services.]
(g) "Key performance indicator" means a measure that captures
the performance of a critical variable to expand and improve
community-based corrections programs to promote offender success,
ensure accountability, enhance public safety, and reduce
recidivism.
(h) "Moderate to high risk" means that the individual assessed
has scored in the moderate to high range of risk using an
actuarial, objective, validated risk and need assessment
instrument.
(i) (f)
"Nonprofit service
agency" means a nonprofit
organization that provides treatment, guidance, training, or other
rehabilitative services to individuals, families, or groups in such
areas as health, education, vocational training, special education,
social services, psychological counseling, alcohol and drug
treatment, community service work, victim restitution, and
employment.
(j) (g)
"Office" means the office
of community alternatives
corrections created in section 3.
(k) (h)
"Plan" means a
comprehensive corrections plan
submitted
by a county, city, or regional advisory board pursuant to
under section 8.
(l) (i)
"Regional advisory board"
means a community corrections
advisory
board created by a group of 2 or more counties pursuant to
under sections 6 and 7.
(m) (j)
"State board" means the
state community corrections
advisory board created in section 3.
Sec.
3. (1) An office of community alternatives corrections is
created
within the department. The Except
as otherwise provided in
this subsection, the office shall exercise its powers and duties
including budgeting and management as an autonomous entity,
independent
of the director of the department. The office shall
consist
consists of the board and an executive director,
administrator
and such staff as the executive
director of the
department
may appoint to carry out the duties of
the office. The
executive
director shall be appointed by the board, and shall carry
out
the duties of the office subject to the policies established by
the
board.The director of the
department or his or her designee may
appoint the administrator of the office or may administer the
assigned functions in other ways to promote efficient
administration.
(2) A state community corrections advisory board is created in
the office of community corrections. The state community
corrections
advisory board shall act as the
policy making body for
the
office, as provided in this act.may
conduct activities it
considers necessary to advise the director of the department in
matters related to community corrections.
(3)
Not later than 90 days after the effective date of this
act,
the The governor shall appoint, and the senate shall
confirm,
the 13 members of the state board as follows:
(a)
One member shall be who is
a county sheriff.
(b)
One member shall be who is
a chief of a city police
department.
(c)
One member shall be who is
a judge of the circuit court.
or
recorder's court.
(d)
One member shall be who is
a judge of the district court.
(e)
One member shall be who is
a county commissioner.
(f)
One member shall be who is
a member of city government.
(g)
One member shall represent who
represents an existing
community alternatives program.
(h)
One member shall be who is
the director of the department
of corrections or his or her designee.
(i)
One member shall be who is
a county prosecutor.
(j)
One member shall be who is
a criminal defense attorney.
(k)
Three members shall be who
are representatives of the
general public.
(4) The governor shall ensure fair geographic representation
of the state board membership and that minority persons and women
are fairly represented.
(5) Members of the state board shall serve for terms of 4
years each, except that of the members first appointed, 5 shall
serve for terms of 4 years each, 4 shall serve for terms of 3 years
each, and 4 shall serve for terms of 2 years each.
(6)
A vacancy on the state board shall be is filled in the
same manner as the original appointment.
(7) Members of the state board shall serve without
compensation,
but the department shall be reimbursed by the
department
reimburse the members for actual and necessary expenses
incurred in attending meetings.
(8) The governor shall annually appoint a chairperson from
among the members of the board. The chairperson shall not serve
more than 2 consecutive terms.
Sec. 4. (1) The state board shall do all of the following:
(a)
Develop and establish goals, offender eligibility
criteria,
and program guidelines for community corrections
programs.Adopt a variety of key performance indicators
that promote
offender success, ensure the effective monitoring of offenders, and
evaluate community corrections programs. Performance indicators
must be relevant to this act and must be reviewed on an annual
basis. At least 1 of the key performance measures must be
recidivism. There may be multiple recidivism measures to account
for accessibility to state and national databases, local ability to
collect data, and the resources needed to collect this data.
(b) Adopt minimum program standards, policies, and rules for
community corrections programs. The program standards must include
evidence-based practices. Program eligibility must include moderate
to high risk offenders regardless of crime class or adjudication
status.
(c) Adopt an application process and procedures for funding
community corrections programs, including the format for
comprehensive corrections plans.
(d)
Adopt criteria for community corrections program
evaluations.Review, at least once every 3 years, the
actuarial,
objective, validated risk and need assessment instruments to ensure
that they continue to meet the needs and requirements of community
corrections.
(e)
Hire an executive director, who shall serve at the
pleasure
of the board.Recommend
funding for community corrections
to the director of the department based on program performance,
utilization, targeting of appropriate offenders, and adherence to
evidence-based practices.
(f) Research, review, and make recommendations regarding the
use of performance-based contracts within community corrections.
Sec. 5. The office shall do all of the following:
(a) Provide technical assistance and training to cities,
counties, regions, or nonprofit service agencies in developing,
implementing, evaluating, and operating community corrections
programs.
(b)
Enter into On behalf of
the department, process agreements
with
between the department and city, county, city-county, or
regional advisory boards or nonprofit service agencies for the
operation of community corrections programs by those boards or
agencies, and monitor compliance with those agreements.
(c) Act as an information clearinghouse regarding community
corrections programs for cities, counties, regions, or nonprofit
service agencies that receive funding under this act.
(d) Provide community corrections advisory boards annually
with information required to develop comprehensive plans and
programming, including, but not limited to, all of the following
for a city or county, as applicable:
(i) The total number of felony dispositions.
(ii) The total number of probation violators.
(iii) The sentencing results of all felony dispositions and
probation violators.
(iv) For each sentenced felon and sentenced probation violator,
demographic information, including, but not limited to, age, race,
and sex.
(v) For each sentenced felon and probation violator, the
result of the risk and needs assessment that details the felon's or
probation violator's risk and needs levels.
(e) (d)
Review and approve local plans and
proposals pursuant
to
under sections 8 and 10.
(f) Audit programs to assure that they meet minimum program
standards, including offender eligibility and compliance with
evidence-based practices.
(g) (e)
In instances of substantial
noncompliance, halt
funding to cities, counties, regions, or agencies, except that
before halting funding, the office shall do both of the following:
(i) Notify the city, county, region, or agency of the
allegations and allow 30 days for a response.
(ii) If an agreement is reached concerning a remedy, allow 30
days following that agreement for the remedy to be implemented.
Sec. 7. (1) A county advisory board, regional advisory board,
city-county
advisory board, or city advisory board shall consist
consists of the following:
(a)
One member shall be who is
a county sheriff, or his or her
designee.
(b)
One member shall be who is
a chief of a city police
department, or his or her designee.
(c)
One member shall be who is
a judge of the circuit court or
his or her designee.
(d)
One member shall be who is
a judge of the district court
or his or her designee.
(e)
One member shall be who is
a judge of the probate court or
his or her designee.
(f)
One member shall be who is
a county commissioner or city
councilperson.
In the case of For a regional advisory board or a
city-county advisory board, 1 county commissioner or councilperson
from each participating city and county shall serve as a member.
(g)
One member shall be At
least 1 and not more than 3 members
selected
from 1 of the following service areas: mental health,
public health, substance abuse, employment and training, or
community alternative programs.
(h)
One member shall be who is
a county prosecuting attorney
or his or her designee.
(i)
One member shall be who is
a criminal defense attorney and
who may be a local public defender.
(j)
One member shall be who is
from the business community.
(k)
One member shall be who is
from the communications media.
(l) One member shall be who is either
a circuit court probation
agent or a district court probation officer.
(m)
One member shall be a representative of the general
public.who is affiliated with the applicable
workforce investment
board.
(2)
In the case of For a county or regional advisory board,
the
members shall be appointed by the
county board or boards of
commissioners shall appoint the members. In the case of For a
city
advisory
board, the members shall be appointed by the city council
shall
appoint the members. In the case of For the
city-county
advisory
board, the members shall be appointed by the county board
of commissioners and the city council shall appoint the members. In
appointing the members of an advisory board, the county and city
shall
ensure that minority persons individuals
and women are fairly
represented.
(3) Before an appointment is made under this section, the
appointing authority shall publish advance notice of the
appointments
and shall request that the names of persons
individuals interested in being considered for appointment be
submitted to the appointing authority.
Sec. 8. (1) A county, city, city-county, or regional advisory
board, on behalf of the city, county, or counties it represents,
may apply for funding and other assistance under this act by
submitting to the office a comprehensive corrections plan that
meets the requirements of this section, and the criteria,
standards, rules, and policies developed by the state board
pursuant
to under section 4.
(2)
The plan shall be developed by the A county, city, city-
county,
or regional advisory board and shall include develop a plan
that includes all of the following for the county, city, or
counties represented by the advisory board:
(a) A system for the development, implementation, and
operation of community corrections programs and an explanation of
how the state prison commitment rate for the city, county, or
counties will be reduced, and how the public safety will be
maintained,
enhanced, as a result of implementation of the
comprehensive
corrections plan. The plan shall include, where
appropriate,
provisions that detail how the city, county, or
counties
plan to substantially reduce, within 1 year, the use of
prison
sentences for felons for which the state felony sentencing
guidelines
upper limit for the recommended minimum sentence is 12
months
or less as validated by the department of corrections.
Continued
funding in the second and subsequent years shall be is
contingent upon substantial compliance with this subdivision.
(b) A data analysis of the local criminal justice system
including
a basic description of jail utilization detailing such
areas
as sentenced versus unsentenced inmates, sentenced felons
versus
sentenced misdemeanants, and any use of a jail
classification
system. The analysis also shall include a basic
description
of offenders sentenced to probation and to prison and a
review
of the rate of commitment to the state corrections systems
from
the city, county, or counties for the preceding 3 years. The
analysis
also shall compare actual sentences with the sentences
recommended
by the state felony sentencing guidelines.that
indicates the specification of offender targeting and the services
needed for the target population.
(c)
An analysis of the local community corrections programs
used
at the time the plan is submitted and during the preceding 3
years,
including types of offenders served and funding levels.
Program descriptions that detail the use of an objective,
standardized assessment tool or tools to determine applicable
programming through the use of targeted interventions that address
the risk and needs of the target population.
(d)
A system for evaluating the effectiveness of the community
corrections
program, which shall utilize the criteria developed
pursuant
to section 4(d).
(d) (e)
The identity of any designated
subgrant recipient.
(e) (f)
In the case of For a regional or city-county plan,
provisions for the appointment of 1 fiscal agent to coordinate the
financial activities pertaining to the grant award.
(3) The county board or boards of commissioners of the county
or counties represented by a county, city-county, or regional
advisory board, or the city council of the city represented by a
city or city-county advisory board, shall approve the proposed
comprehensive corrections plan prepared by their advisory board.
before
the plan is submitted to the office pursuant to subsection
(1).
(4)
This section is intended to encourage the participation in
House Bill No. 5929 as amended December 18, 2014
community
corrections programs of offenders who would likely be
sentenced
to imprisonment in a state correctional facility or jail,
would
not increase the risk to public safety, have not demonstrated
a
pattern of violent behavior, and do not have a criminal record
that
indicates a pattern of violent offenses.A community
corrections program must do all of the following:
(a) Provide appropriate sanctions and services as sentencing
options <<for imposition at the discretion of the court, including
community supervision and programming services for eligible offenders.>>
(b) Provide improved local services for individuals involved
in the criminal justice system with the goal of reducing the
occurrence of repeat criminal offenses that result in a term of
incarceration or detention in jail or prison.
(c) Ensure the use of evidence-based practices to protect
public safety and rehabilitate the offender.
(d) Promote local control and management of community
corrections programs.
(e) Enhance, increase, and support the state and county
partnership in the management of offenders.
Sec.
11. (1) The office shall authorize payments from funds
money appropriated to the office for community corrections programs
to cities, counties, regions, or agencies for the community
corrections
programs described in the plan submitted pursuant to
under
section 8 or the proposal submitted
pursuant to section 10 if
the plan or proposal is approved by the office.
(2) Of the total funding recommended for the implementation of
the comprehensive corrections plan, not more than 30% may be used
by the city, county, or counties for administration.
(3)
The funds money provided to a city, county, or counties
under
this section shall must not supplant current spending by the
city, county, or counties for community corrections programs.